Pius M. Mkonyo v. Julias Brashi, (PC) Civ. App. 34-M-68, 9/10/68, Mustafa J.

Pius M. Mkonyo v. Julias Brashi, (PC) Civ. App. 34-M-68, 9/10/68, Mustafa J.

Pius Mkonyo was allocated land by the village development committee. During his temporary absence, Julias Brashi approached the district executive officer and persuaded him to coerce the village development committee into allocating a part of Pius’ land to him. After this was done, Julias built a house on the land. Pius claimed damages from Julias.

            Held: (1)As far as the court was aware, the allocation of land was the sole privilege and responsibility of the village development committee. (2) It was quite wrong for the district executive officer to interfere in the allocation of land by the village development committee. (3) Nevertheless, once the land had been allocated to Julias, he had a right to it. (4) Although it was not clear whether Pius’ claim was in respect of Julias’ action in building the house or for the value of the plot allocated to him, neither claim could be upheld for the above reasons.